What to Know If You Are Under Investigation or Arrested?

The right to remain silent is a Constitutional guarantee by the United States and New York State Constitution. NOT talking to a law enforcement official is not an inference that you are guilty of any crime. This is your RIGHT.

So, what to do if you are confronted by a police officer, a federal agent or by a prosecutor:

Be polite, listen to what the police official says and immediately say that you would like to speak to a lawyer.

Remember, the date and time when you asked the law enforcement to have an attorney present for questioning.

Ask the law enforcement official to write down the date and time in his report that you requested an attorney.

Before the police can question you if you are a suspect, you must be advised of the Miranda warnings, basically stating that you have the right to remain silent and you are entitled to have an attorney present when you are questioned. Even if you are not advised of the Miranda warnings do not speak to the officer unless an attorney is present.

It makes no difference what the charge is. Your right to remain silent and not speak to a law enforcement official is absolute. Remember, everything you say will be taken down and used against you in any future court appearance.

If you are under investigation or arrested call the Law Offices of Arnold N. Kriss, (212) 577-2000 or have a family member do so immediately.

Permanent link to this article: http://www.lawkriss.com/faqs/investigation-arrested

Arnold N. Kriss was named a New York Metro Super Lawyer from 2013 - 2016.

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